ARTICLE 180.
Subject to such exceptions as the Reparation Commission may make, the first charge upon all
theassets and revenues of Hungary shall be the cost of reparation and all other costs arising under
the present Treaty or any treaties or agreements supplementary thereto, or under arrangements
concluded between Hungary and the Allied and Associated Powers during the Armistice signed
on November 3, I918.
Up to May l, 1921, the Hungarian Government shall not, export or dispose of, and shall forbid the export or disposal of, gold without the previous approval of the Allied and Associated Powers acting through the Reparation Commission.
ARTICLE 181.
There shall be paid by Hungary, subject to the fifth paragraph of this Article, the total cost of all
armies of the Allied and Associated Governments occupying territory within the boundaries of
Hungary as defined by the present Treaty from the date of the signature of the Armistice of
November 3, 1918, including the keep of men and beasts, lodging and billeting, pay and
allowances, salaries and wages, bedding, heating, lighting, clothing, equipment, harness and
saddlery, armament and rolling stock air services, treatment of sick and wounded, veterinary and
remount services, transport services of all sorts (such as by rail sea, or river, motor-lorries),
communications and correspondence, and, in general, the cost of all administrative or technical
services the working of which is necessary for the training of troops and for keeping their
numbers up to strength and preserving their military effficiency.
The cost of such liabilities under the above heads, so far as they relate to purchases or requisitions by the Allied and Associated Governments in the occupied territory, shall be paid by the Hungarian Government to the Allied and Associated Governments in crowns or any legal currency of Hungary which may be substituted for crowns.
In cases where an Allied Government, in order to make such purchases or requisitions in the occupied territory, has incurred expenditure in a currency other than crowns, such expenditure shall be reimbursed in any legal Hungarian currency at the rate of exchange current at the date of reimbursement, or at an agreed rate.
All other of the above costs shall be paid in the currency of the country to which the payment is due.
The above stipulations will apply to military operations carried out after November 3, 1918, to such extent as the Reparation Commission shall consider necessary, and the Reparation Commission shall have, so far as these operations are concerned, full-power to decide all questions, especially those relating to:
(a) The costs of the armies engaged in such operations, particularly the determination of their nature and amount, the portion of such costs to be charged to Hungary, the manner and currency in which such portion is to be paid, and any possible arrangements as regards preference or priority in connection with such payment
(b) The requisitioning in the course of the operations of property and securities of every description, particularly the possible classification of any portion of such property or securities as war booty, the valuation of such property or securities, the extent to which restitution should be made, debiting on the reparation account of the sum representing the property or securities not restored against the Power in possession thereof, the method of payment tin cash or as a set-off on the reparation account) oi the sums so debited, and the dates on which such payment or set-off is to be made.
ARTICLE 182.
Hungary confirms the surrender of all material handed over or to be handed over to the Allied and
Associated Powers in accordance with the Armistice of November 3, 1918, or any
supplementary agreements, and recognises the title of the Allied and Associated Powers to such material.
There shall be credited to Hungary, against the sums due from her to the Allied and Associated Powers for reparation, the value, as assessed by the Reparation Commission, of such of the above material for which, as hax ing non-military value, credit should in the judgment of the Reparation Commission, be allowed to Hungary.
Property belonging to the Allied and Associated Governments or their nationals restored or surrendered under the Armistice Agreements in specie shall not be credited to Hungary.
ARTICLE I83.
The priority of the charges established by Article 180 shall, subject to the qualifications made
below, be as follows:
(a) The cost of the armies of occupation, as defined under Article 181, during the Armistice;
(b) The cost of any armies of occupation, as defined under Article 181, after the coming into force of the present Treaty
(c) The cost of reparation arising out of the present Treaty or any treaties or conventions supplementary thereto
(d) The cost of all other obligations incumbent on Hungary under the Armistice Agreements or under the present Treaty or any treaties or conventions supplernentary thereto.
The payment for such supplies of food and raw material for Hungary and such other payments as may be judged by the Principal Allied and Associated Powers to be essential to enable llungary to meet her obligations in respect of reparation shall have priority to the extent and upon the conditions which have been or may be determined by the Governments of the said Powers.
The payment of the costs of the armies employed in the operations effected after November 3, 1918, shall have priority to the extent and upon the conditions fixed by the Reparation Commission in accordance with the provisions of Article 181.
ARTICLE I84.
The right of each of the Allied and Associated Powers to dispose of enemy assets and property
within its jurisdiction at the date of the coming into force of the present Treaty is not affected by
the foregoing provisions.
ARTICLE I85.
Nothing in the foregoing provisions shall prejudice in any manner charges or mortgages lawfully
effected in favour of the
Allied and Associated Powers or their nationals respectively before the date at which a state of
war existed between AustriaHungary and the Allied or Associated Power concerned by the former
Hungarian Govermnent or by nationals of the former Kingdom of Ffungary on assets in their
ownership at that date, except in so far as variations of such charges or mortgages are specifically
provided for under the terms of the present Treaty or any treaties or conventions supplementary
thereto.
ARTICLE I86.
I. Each of the States to which territory of the former AustroHungarian Monarchy is transferred,
and each of the States arising from the dismemberment of that Monarchy, including Hungary,
shall, in so far as territory is assigned to it in accordance with the present Treaty, assume
responsibility for a portion of the debt of the former Hungarian Government which is specifically
secured on railways or other property, and which was in existence on July 28, I9I4. The portion
to be so assumed by each State shall be such portion as in the opinion of the Reparation
Commission represents the secured debt in respect of the railways and other properties transferred
to that State under the terms of the present Treaty or any treaties or agreements supplementary
thereto.
The amount of the liability in respect of secured debt so assumed by each State other than Hungary shall be valued by the Reparation Commission, on such basis as the Commission may consider equitable, and the value so ascertained shall be deducted from the amount payable by the State in question to Hungary in respect of property of the former or existing Hungarian Government which the State acquires with the territory. Each State shall be solely responsible in respect of that portion of the secured debt for which it assumes responsibility under the terms of this Article, and holders of the debt for which responsibility is assumed by States other than Hungary shall have no recourse against the Government of any other State.
Any property which was specifically pledged to secure any debt referred to in this Article shall remain specifically pledged to secure the new debt. But in case the property so pledged is situated as the result of the present Treaty in more than one State, that portion of the property which is situated in a particular State shall constitute the security only for that part of the debt which is apportioned to that State, and not for any other part of the debt.
For the purposes of the present Article there shall be regarded as secured debt payments due by the former Hungarian Government in connection with the purchase of railways or similar property; the distribution of the liability for such payments will be determined by the Reparation Commission in the same manner as in the case of secured debt.
Debts for which the responsibility is transferred under the terms of this Article shall be expressed in terms of the currency of the State assuming the responsibility, if the original debt was expressed in terms of Austro-Hungarian paper currency. For the purposes of this conversion the currency of the assuming State shall be valued in terms of Austro-Hungarian paper kronen at the rate at which those kronen were exchanged into the currency of the assuming State by that State when it first substituted its own currency for Austro-Hungarian kronen. The basis of this conversion of the currency unit in which the bonds are expressed shall be subject to the approval of the Reparation Commission, which shall, if it thinks nt, require the State effecting the conversion to modify the terms thereof. Such modification shall only be required if, in the opinion of the Commission, the foreign exchange value of the currency unit or units substituted for the currency unit in which the old bonds are expressed is substantially less at the date of the conversion than the foreign exchange value of the original currency unit.
If the original Hungarian debt was expressed in terms of a foreign currency or foreign currencies, the new-debt shall be expressed in terms of the same currency or currencies.
If the original Hungarian debt was expressed in terms of Austro-Hungarian gold coin, the new debt shall be expressed in terms of equivalent amounts of pounds sterling and gold dollars of the United States of America, the equivalents being calculated on the basis of the weight and the fineness of gold of the three coins as enacted by law on January I, 1914.
Any foreign exchange options, whether at fixed rates or otherwise, embodied explicitly or implicitly in the old bonds shall be embodied in the new bonds also.
2. Each of the States to which territory of the former AustroHungarian Monarchy is transferred, and each of the States arising from the dismemberment of that Monarchy, including Hungary, shall assume responsibility for a portion of the unsecured bonded debt of the former Hungarian Government as it stood on July 28, 1914, calculated on the basis of the ratio between the average for the three financial years I911, 1912, 1913, of such revenues of the territory distributed in accordance with the present Treaty and the average for the same years of such revenues of the whole of the former Hungarian territories as in the judgment of the Reparation Commission are best calculated to represent the financial capacity of the respective territories. In making the above calculation, the revenues of Bosnia and Herzegovina shall not be included. Nevertheless, when there existed before July 28, 1914, financial agreements relating to the unsecured bonded debt of the former Hungarian Government, the Reparation Commission may take such agreements into consideration when effecting the division of this debt between the States mentioned above.
The responsibilities in respect of bonded debt to be assumed under the terms of this Article shall be discharged in the manner laid down in the Annex hereto.
The Hungarian Government shall be solely responsible for all the liabilities of the former Hungarian Government incurred by it prior to July 28, 1914, other than those evidenced by the bonds, bills, securities, and currency notes which are specifically provided for under the terms of the present Treaty.
Neither the provisions of this Article nor the provisions of the Annex hereto shall apply to securities of the former Hungarian Government deposited with the Austro-Hungarian Bank as security for the currency notes issued by that bank.
ANNEX.
The amount of the former unsecured Hungarian Government bonded debt, the responsibility for
which is to be distributed under the provisions of Article 186, shall be the amount of that debt as
it stood on July 28, 1914.
Each State assuming responsibility for the former unsecured Hungarian Government bonded debt shall, within three months of the coming into force of the present Treaty, if it has not already done so, stamp with the stamp of its own Government all the bonds of that debt existing in its own territory. The distinguishing numbers of the bonds so stamped shall be recorded and shall be furnished, together with the other records of the stamping, to the Reparation Commission.
Holders of bonds within the territory of a State which is required to stamp old Hungarian bonds under the terms of this Annex shall, from the date of the coming into force of the present Treaty, be creditors in respect of these bonds of that State only and they shall have no recourse against the Government of any other State.
Each State which, under the terms of Article 186, is required to assume responsibility for a portion of the old unsecured Hungarian Government debt, and which has ascertained by means of stamping the old Hungarian bonds that the bonds of any particular issue of such old Hungarian bonds held within its territory were smaller in amount than the amount of that issue for which, in accordance with the assessment of the Reparation Commission, it is held responsible, shall deliver to the Reparation Commission new bonds equal in amount to the difference between the amount of the issue for which it is responsible and the amount of the same issue recorded as held within its own territory. Such new bonds shall be of such denominations as the Reparation Commission may require. They shall carry the same rights as regards interest and amortisation as the old bonds for which they are substituted, and in all other respects the conditions of the new bonds shall be fixed subject to the approval of the Reparation Commission.
If the original bond was expressed in terms of Austro-Hungarian paper currency, the new bond by which it is replaced shall be expressed in terms of the currency of the State issuing the new bond, and for the purpose of this currency conversion the currency of the new State shall be valued in terms of Austro-Hungarian paper kronen at the rate at which those kronen were exchanged for the currency of the new State by that State when it first substituted its own currency for Austro-Hungarian paper kronen. The basis of this conversion of the currency unit in which the bonds are expressed shall be subject to the approsal of the Reparation Commission, which shall, if it thinks fit require the State effecting the conversion to modify the terms thereof. Such modification shall only be required if, in the opinion of the Commission, the foreign exchange value of the currency unit or units substituted for the currency unit in which the old bonds are expressed is substantially less at the date of the conversion than the foreign exchange value of the original currency unit.
If the original bond was expressed in terms of a foreign currency or foreign currencies, the new bond shall be expressed in terms of the same currency or currencies. If the original bond was expressed in terms of Austro-Hungarian gold coin, the new bond shall be expressed in terms of equivalent amounts of pounds sterling and gold dollars of the United States of America, the equivalents being calculated on the basis of the weight and fineness of gold of the three coins as enacted by law on January I, 1914.
Any foreign exchange options, whether at fixed rates or otherwise, embodied explicitly or implicitly in the old bonds shall be embodied in the new bonds also.
Each State which under the terms of Article 186 is required to assume responsibility for a portion of the old unsecured Hungarian Government debt, which has ascertained by means of stamping the old Hungarian bonds that the bonds of any particular issue of such old Hungarian bonds held within its territory were larger in amount than the amount of that issue for which it is held responsible in accordance with the assessment of the Reparation Commission, shall receive f rom the Reparation Commission its due proportionate share of each of the new issues of bonds issued in accordance with the provisions of this Annex.
Holders of unsecured bonds of the old Hungarian Government debt held outside the boundaries of the States to which territory of the former Austro-Hungarian Monarchy is transferred, or States arising out of the dismemberment of that Monarchy, including Hungary, shall deliver through the agency of their respective Governments to the Reparation Commission the bonds which they hold, and in exchange therefor the Reparation Commission shall deliver to them certificates entitling them to their due proportionate share of each of the new issues of bonds corresponding to and issued in exchange for their surrendered bonds under the provisions of this Annex. The share of each State or private holder entitled to a share in any new issue of bonds issued in accordance with the provisions of this Annex shall bear such proportion to the total amount of bonds of that new issue as the holding of the State or private owner in question of the old issue of bonds bears to the total amount of the old issue presented to the Reparation Commission for exchange into new bonds in accordance with the provisions of this Annex.
The Reparation Commission shall, if it think fit, arrange with the holders of the new bonds provided for by this Annex a consolidation loan of each debtor State, the bonds of which loan shall be substituted for the various different issues of new bonds on such terms as may be agreed upon by the Commission and the bondholders.
The State assuming liability for any bond of the former Hungarian Government shall assume any liability attaching to the bond in respect of unpaid coupons or sinking fund instalments accrued since the date of the coming into force of the present Treaty.
In addition to the former unsecured Hungarian Government bonded debt to be divided as above, there shall also be divided among the several States, in the same proportion, the amount of the former unsecured Austrian Government bonded debt which represents the liability of the former Hungarian Government for that debt, as provided by the additional Convention relating to the contribution of the countries of the Sacred Hungarian Crown to the charges of the general debt of the Austro-Hungarian State approved by the Austro-Hungarian Law of December 30, 1907, B.L.I., No. 278.
Each State which, in virtue of the present Treaty, assumes responsibility for a part of this Austrian debt shall deliver to the Reparation Commission new securities for an amount equal to the part of the above-mentioned Austrian debt which is attributed to it.
The terms of these securities shall be fixed by the Reparation Commission. They shall be such as to represent as exactly as possible the terms of the former Austrian securities for which these securities are to be substituted. The new securities will be delivered to the States or holders of Austrian securities, who will have the right to a portion of each of the new issues made in accordance with the provisions of the Annex to Article 203 of the Treaty with Austria.
ARTICLE I87.
1. In case the new boundaries of any States, as laid down by the present Treaty, shall divide any
local area which was a single
unit for borrowing purposes and which had a legally constituted public debt, such debt shall be
divided between the new divisions of the area in a proportion to be determined by the Reparation
Commission in accordance with the principles laid down for the reapportionment of Government
debts under Article 186 of the present Treaty, and the responsibility so assumed shall be
discharged in such a manner as the Reparation Commission shall determine.
2. The public debt of Bosnia and Herzegovina shall be regarded as the debt of a local area and not as part of the public debt of the former Austro-Hungarian Monarchy.
ARTICLE 188.
Within two months of the coming into force of the present Treaty, each one of the States to which
territory of the former Austro-Hungarian Monarchy is transferred in accordance with the present
Treaty, and each one of the States arising from the dismemberment of that Monarchy, including
Hungary, shall, if it has not already done so, stamp with the stamp of its own Government the
securities of various kinds which are separately provided for, representing the bonded war debt
of the former Hungarian Government as legally constituted prior to October 31, 1918, and
existing in their respective territories.
The securities thus stamped shall be withdrawn and replaced by certificates, their distinguishing numbers shall be recorded, and any securities withdrawn, together with the documents recording the transaction, shall be sent to the Reparation Commission.
The stamping and replacement of a security by a certificate under the provisions of this Article shall not imply that the State so stamping and replacing a security thereby assumes or recognises any obligation in respect of it, unless the State in question desires that the stamping and replacement should have this implication.
The aforementioned States, with the exception of Hungary, shall be free from any obligation in respect of the war debt of the former Hungarian Government, wherever that debt may be held, but neither the Governments of those States nor their nationals shall have recourse under any circumstances whatever against any other States, including Hungary, in respect of the war debt bonds of which they or their nationals are the beneficial owners.
The war debt of the former Hungarian Government which was prior to the signature of the present Treaty in the beneficial ownership of natyiionals or Governments of States other than those to which territory of the former Austro-Hungarian Monarchy is assigned in accordance with the present Treaty shall be a charge upon the the Hungarian Government only, and no one of the other States aforementioned shall be held responsible for any part thereof.
The provisions of this Article shall not apply to the securities of the former Hungarian Government deposited by that Government with the Austro-Hungarian Bank as security for the currency notes of the said bank.
The Hungarian Government shall be solely responsible for all liabilities of the former Hungarian Government incurred during the war, other than those evidenced by the bonds, bills, securities and currency notes which are specifically provided for under the terms of the present Treaty.
ARTICLE 189
1. Within two months of the coming into force of the Treaty with Austria, each one of the States to which territory of the former Austro-Hungarian Monarchy is transferred, and each one of the States arising from the dismemberment of that Monarchy, including Austria and Hungary, shall if it has not already done so, stamp with the stamp of its own Government the currency notes of the Austro-Hungarian Bank existing in its territory.
2. Within twelve months of the coming into force of the Treaty with Austria, each one of the States to which territory of the former Austro-Hungarian Monarchy is transferred, and each one of the States arising from the dismemberment of that Monarchy, including Austria and Hungary, shall replace, as it may think fit, the stamped notes referred to above by its own or a new currency.
3. The Governments of such States as have already converted the currency notes of the Austro-Hungarian Bank by stamping or by the issue of their own or a new currency, and in carrying out this operation have withdrawn, without stamping them, a portion or all of the currency notes circulating in their territory, shall either stamp the notes so withdrawn or hold them at the disposal of the Reparation Commission.
4. Within fourteen months of the coming into force of the Treaty with Austria, those Governments which have replaced notes of the bank by their own or new currency, in accordance with the provisions of this Article, shall transfer to the Reparation Commission all the notes, stamped or unstamped, of the bank whichl have been withdrawn in the course of this replacement.
5. All notes transferred to the Reparation Commssion under the provisions of this Article shall be dealt with by that Commission in accordance with the provisions of the Annex hereto.
6. The Austro-Hungarian Bank shall be liquidated as from the day succeeding the day of the signature of the treaty with Austria .
7. The liquidation shall be conducted by receivers specially appointed for that purpose by the Reparation Commission. In conducting the liquidation of the bank, the receivers shall follow the rules laid down in the Statutes or other valid instruments regulating the constitution of the bank, subject, however, to the special provisions of this Article. In the case of any doubt arising as to the interpretation of the rules concerning the liquidation of the bank, whether laid down in these Articles and Annexes or in the Statutes of the bank, the decision of the Reparation Commission or any arbitrator appointed by it for that purpose shall be final.
8. The currency notes issued by the bank subsequent to October 27, 1918, shall have a claim on the securities issue by the former or existing Austrian and Hungarian Governments and deposited with the bank by those Governments as security for these notes, but they shall not have a claim on any other assets of the currency notes issued by the bank.
9. The currency notes issued by the bank on or prior to October 27, 1918 (in so far as they are entitled to rank at all in conformity with this Article), shall all rank equally as claims against all the assets of the bank, other than the Austrian and Hungarian Government securities deposited as security for the various note issues.
10. The securities deposited by the former or existing Austrian and and Hungarian Governments with the bank as security for the currency notes issued on or prior to October 27, 1918, shall be cancelled in so far as they represent the notes converted in the territory of the former Austro-Hungarian Monarchy as it existed on July 28, 1914, by States to which territory of that Monarchy is transferred or by States arising from the dismemberment of that Monarchy, including Austria and Hungary.
11. The remainder of the securities deposited by the former or existing Austrian and Hungarian Governments with the bank as security for the currency notes issued on or prior to October 27 1918, shall be retained in force as security for, and in so far as they represent, the notes issued on or prior to October 27, 19I8 which on June 15, 1919, were outside the limits of the former Austro-Hungarian Monarchy, that is to say, firstly, all notes of this description which are presented to the Reparation Commission in accordance with paragraph 4 of this Article, and secondly all notes of this description which may be held elsewhere and are presented to the receivers of the bank in accordance with the Annex hereto.
12. No claims on account of any other currency notes issued on or prior to October 27, 1918, shall rank either against the general assets of the bank or against the securities deposited by the former or existing Austrian and Hungarian Governments as security for the notes, and any balance of such securities remaining after the amount of securities mentioned in paragraphs l0 and 11 has been calculated and deducted shall be cancelled.
13. All securities deposited by the former or existing Austrian and Hungarian Governments with the bank as security for currency note issues and which are maintained in force shall be the obligations respectively of the Governments of Austria and Hungary only and not of any other States.
14. The holders of currency notes of the Austro-Hungarian Bank shall have no recourse against the Governments of Austria or Hungary or any other Government in respect of any loss which they may suffer as the result of the liquidation of the bank.
15. Nevertheless, if any difficulties should arise owing to the date of the signature of the present Treaty, the dates at which any of the operations laid down by this Article are to be carried out may be altered by the Reparation Commission.
2. The Reparation Commission, after examining the records, shall deliver to the said Governments separate certificates stating the total amount of currency notes which the Governments have converted
(a) within the boundaries of the former Austro-Hungarian Monarchy as it existed on July 28, 1914,
(b) elsewhere.
These certificates will entitle the bearer to lodge a claim with the receivers of the bank for currency notes thus converted which are entitled to share in the assets of the bank. After the liquidation of the bank is completed, the Reparation Commission shall destroy the notes thus withdrawn.
4. No notes issued on or prior to October 27, 1918, wherever they may be held, will rank as claims against the bank unless they are presented through the Government of the country in which the are held.
ARTICLE 190.
Each one of the States to which territory of the former Austro-Hungarian Monarchy is transferred,
and each one of the States arising from the dismemberment of that Monarchy, including Hungary,
shall deal as it thinks fit with the petty or token coinage of the former Austro-Hungarian
Monarchy existing in its territory.
No such State shall have any recourse under any circumstances, on behalf either of itself or of its nationals, against any other State with regard to such petty or token coinage
ARTICLE 191.
States to which territory of the former Austro-Hungarian Monarchy is transferred and States arising from the dismemberment of that Monarchy shall acquire all property and possessions situated within their territories belonging to the former or existing Hungarian Government.
For the purposes of this Article, the property and possessions of the former or existing Hungarian Government shall be deemed to include the property of the former Kingdom of Hungary and the interests of that Kingdom in the joint property of the Austro-Hungarian Monarchy, as well as all the property of the Crown and the private property of members of the former Royal Family of Austria-Hungary.
These States shall, however, have no claim to any property of the former or existing Government of Hungary situated outside their own respective territories.
The value of such property and possessions acquired by States other than Hungary shall be fixed by the Reparation Commission and placed by that Commission to the credit of Hungary and to the debit of the State acquiring such property on account of the sums due for reparation. The Reparation Commission shall deduct from the value of the public property thus acquired an amount proportionate to the contribution in money, land, or material made directly by any province or commune or other autonomous local authority towards the cost of such property.
Without prejudice to Article 186 relating to secured debt, in the case of each State acquiring property under the provisions of this Article, the amount placed to the credit of Hungary and to the debit of the said State in accordance with the preceding paragraph shall be reduced by the value of the amount of the liability in respect of the unsecured debt of the former Hungarian Government assumed by that State under the provisions of Article 186 which, in the opinion of the Reparation Commission, represents expenditure upon the property so acquired. The value shall be fixed by the Reparation Commission on such basis as the Commission may consider equitable.
Property of the former and existing Hungarian Government shall be deemed to include a share of the real property in Bosnia-Herzegovina of all descriptions for which, under Article 5 of the Convention of February 26, 1909, the Government of the former Austro-Hungarian Monarchy paid £T.2,500,000 to the Ottoman Government. Such share shall be proportionate to the share which the former Kingdom of Hungary contributed to the above payment, and the value of this share, as assessed by the Reparation Commission, shall be credited to Hungary on account of reparation.
As exception to the above there shall be transferred without payment:
(I) The property and possessions of provinces, communes and other local autonomous institutions of the former Austro-Hungarian Monarchy, including those in Bosnia-Herzegovina which did not belong to the former Austro-Hungarian Monarchy;
(2) Schools and hospitals the property of the former Austro-Hungarian Monarchy.
Further, any building or other property situated in the respective territories transferred to the States referred to in the first paragrah whose principal value lies in its historic interest and associations, and which formerly belonged to the Kingdom of Bohemia, the Kingdom of Croatia-Slavonia-Dalmatia, Bosnia-Herzegovina, the Republic of Ragusa, the Venetian Republic, or the Episcopal Principalities of Trient and Bressanone, may, subject to the approval of the Reparation Commission, be transferred to the Government entitled thereto without payment.
ARTICLE 192.
Hungary renounces, so far as she is concerned, all rights accorded to her or her nationals by
treaties, conventions or agreements, of whatsoever kind, to representation upon or participation in
the control or administration of commissions, state banks, agencies or other financial or economic
organisations of an international character exercising powers of control or administration and
operating in any of the Allied or Associated States, or in Germany, Austria, Bulgaria or Turkey,
or in the dependencies of these States, or in the former Russian Empire.
ARTICLE 193.
1. Hungary engages to recognise the transfer provided for in Article 210 of the Treaty with
Austria of the sum in gold deposited in the Austro-Hungarian Bank in the name of the Council of
the Administration of the Ottoman Public Debt as security for the first issue of Turkish
Government currency notes.
2. Without prejudice to Article 227, Part X (Economic Clauses) of the present Treaty, Hungary renounces, so far as she is concerned any benefit disclosed by the Treaties of Bucharest and Brest-Litovsk and by the Treaties supplementary thereto.
Hungary undertakes to transfer either to Roumania or to the Principal Allied and Associated Powers, as the case may be, all monetary instruments, specie, securities and negotiable instruments or goods which she has received under the aforesaid Treaties.
3. The sums of money and all securities, instruments and goods, of whatsoever nature, to be delivered, paid or transferred under the provisions of this Article, shall be disposed of by the Principal Allied and Associated Powers in a manner hereafter to be determined by those Powers.
4. Hungary recognises any transfer of gold provided for by Article 259 (5) of the Treaty of Peace concluded at Versailles on June 28, 1919, between the Allied and Associated Powers and Germany, and any transfer of claims provided for by Article 261 of that Treaty.
ARTICLE 194.
Without prejudice to the renunciation of any rights by Hungary on behalf of herself or of her
nationals in the other provisions of the present Treaty, the Reparation Commission may, within
one year from the coming into force of the present Treaty, demand that Hungary become
possessed of any rights and interests of her nationals in any public utility undertaking or in any
concession operating in Russia, Turkey, Germany, Austria or Bulgaria, or in the possessions or
dependencies of these States or in any territory formerly belonging to Hungary or her allies to be
transferred by Hungary or her allies to any State, or to be administered by a mandatory under any
Treaty entered into with the Allied and Associated Powers, and may require that the Hungarian
Government transfer, within six months of the date of demand, to the Reparation Commission all
such rights and interests and any similar rights and interests owned by the former or existing
Hungarian Government.
Hungary shall be responsible for indemnifying her nationals so dispossessed, and the Reparation Commission shall credit Hungary on account of sums due for reparation with such sums in respect of the value of the transferred rights and interests as may be assessed by the Reparation Commission, and Hungary shall within six months from the coming into force of the present Treaty, communicate to the Reparation Commission all such rights and interests, whether already granted, contingent or not yet exercised, and shall renounce on behalf of herself and her nationals in favour of the Allied and Associated Powers all such rights and interests which have not been so communicated.
ARTICLE 195.
Hungary undertakes to refrain from preventing or impeding such acquisition by the German,
Austrian, Bulgarian or Turkish Governments of any rights and interests of German, Austrian,
Bulgarian, and Turkish nationals in public utility undertakings or concessions operating in
Hungary as may be required by the Reparation Commission under the terms of the Treaties of
Peace or supplementary treaties or conventions concluded between the Allied and Associated
Powers and the German, Austrian, Bulgarian and Turkish Governments respectively.
ARTICLE 196.
Hungary undertakes to transfer to the Allied and Associated Powers any claims to payment or
reparation by Germany, Austria, Bulgaria or Turkey in favour of the former or existing Hungarian
Governments, and in particular any claims which may arise now or hereafter in the fulfilment of
undertakings made from July 28, 1914, to the coming into force of the present Treaty.
The value of such claims shall be assessed by the Reparation Commission, and shall be transferred
to the Reparation Commission for the credit of Hungary on account of the sums due for
reparation.
ARTICLE 197.
Any monetary obligation arising out of the present Treaty and expressed in terms of gold kronen
shall, unless some other arrangement is specifically provided for in any particular case under the
terms of the present Treaty or of treaties or conventions supplementary thereto, be payable at the
option of the creditors in pounds sterling payable in London, gold dollars of the United States of
America payable in New York, gold francs payable in Paris, or gold lire payable in Rome.
For the purposes of this Article, the gold coins mentioned above shall be defined as being of the
weight and fineness of gold as enacted by law on January 1, 1914.
ARTICLE 198.
Any financial adjustments, such as those relating to any banking and insurance companies, savings
banks, postal savings banks land banks, mortgage companies or other similar institutions
operating within the territory of the former Austro-Hungarian Monarchy, necessitated by the
partition of that Monarchy and the resettlement of public debts and currency provided for by these
Articles, shall be regulated by agreement between the various Governments concerned in such a
manner as shall best secure equitable treatment to all the parties interested. In case the
Governments concerned are unable to come to an agreement on any question arising out of this
financial adjustment, or in case any Government is of opinion that its nationals have not received
equitable treatment, the Reparation Commission shall, on the application of any one of the
Governments concerned, appoint an arbitrator or arbitrators, whose decision shall be final.
ARTICLE 199
The Hungarian Government shall be under no liability in respect of civil or military pensions
granted to nationals of the former Kingdom of Hungary who have been recognised as nationals of
other States or who become so under the provisions of the present Treaty.
PART X.
ECONOMIC CLAUSES.
SECTION 1.
COMMERCIAL RELATIONS.
CHAPTER 1.
CUSTOMS REGULATIONS, DUTIES AND RESTRICTIONS.
ARTICLE 200.
Hungary undertakes that goods the produce or manufacture of any one of the Allied or
Associated States imported into Hungarian territory, from whatsoever place arriving, shall not be
subjected to other or higher duties or charges (including internal charges) than those to which the
like goods the produce or manufacture of any other such State or of any other foreign country are
subject.
Hungary will not maintain or impose any prohibition or restriction on the importation into Hungarian territory of any goods the produce or manufacture of the territories of any one of the Allied or Associated States, from whatsoever place arriving, which shall not equally extend to the importation of the like goods the produce or manufacture of any other such State or of any other foreign country.
ARTICLE 201.
Hungary further undertakes that, in the matter of the regime applicable on importation, no
discrimination against the commerce of any of the Allied and Associated States as compared with
any other of the said States or any other foreign country shall be made, even by indirect means,
such as customs regulations or procedure, methods of verification or analysis, conditions of
payment of duties, tariff classification or interpretation, or the operation of monopolies.
ARTICLE 202.
In all that concerns exportation, Hungary undertakes that goods, natural products or
manufactured articles, exported from
Hungarian territory to the territories of any one of the Allied or Associated States, shall not be
subjected to other or higher duties or charges (including internal charges) than those paid on the
like goods exported to any other such State or to any other foreign country.
Hungary will not maintain or irnpose any prohibition or restriction on the exportation of any goods sent from her territory to any one of the Allied or Associated States which shall not equally extend to the exportation of the like goods, natural products or manufactured articles, sent to any other such State or to any other foreign country.
ARTICLE 203.
Every favour, immunity, or privilege in regard to the importation, exportation or transit of goods
granted by Hungary to any Allied or Associated State or to any other foreign country whatever
shall simultaneously and unconditionally without request and without compensation, be extended
to ail the Allied and Associated States.
ARTICLE 204.
By way of exception to the provisions of Article 270, Part XII (Ports, Waterways and Railways),
products in transit by the ports which before the war were situated in territory of the former
Austro-Hungarian Monarchy shall, for a period of three years from the coming into force of the
present Treaty, enjoy on importation into Hungary reductions of duty corresponding with and in
proportion to those applied to such products under the Austro-Hungarian Customs Tariff of the
year I906, when imported by such ports.
ARTICLE 205.
Notwithstanding the provisions of Articles 200 to 203, the Allied and Associated Powers agree
that they will not invoke these provisions to secure the advantage of any arrangements which may
be made by the Hungarian Government with the Governments of Austria or of the Czecho-Slovak
State for the accord of a special customs regime to certain natural or manufactured products
which both originate in and come from those countries, and which shall be specified in the
arrangements, provided that the duration of these arrangements does not exceed a period of five
years from the coming into force of the present Treaty.
ARTICLE 206.
During the first six months after the coming into force of the present Treaty, the duties imposed
by Hungary on imports from Allied and Associated States shall not be higher than the most
favourable duties which were applied to imports into the former Austro-Hungarian Monarchy on
July 28, I9I4.
During a further period of thirty months after the expiration of the first six months this provision shall continue to be applied exclusively with regard to the importation of fruits (fresh and dried), fresh vegetables, olive oil, eggs, pigs and pork products, and live poultry, in so far as such products enjoyed at the above mentioned date (July 28, 1914) rates conventionalised by Treaties with the Allied or Associated Powers.
ARTICLE 207.
I. Special agreement shall be made between Poland and the Czecho-Slovak State and Hungary as
to the supply of coal, including lignite, foodstuffs and raw materials reciprocally.
2. Pending the conclusion of such agreements, but in no case during more than five years from the coming into force of the present Treaty, the Czecho-Slovak State and Poland undertake that no export duty or other restrictions of any kind shall be imposed on the export to Hungary of coal or lignite up to a reasonable quantity to be fixed, failing agreement between the States concerned, by the Reparation Commission. In fixing this quantity the Reparation Commission shall take into account all the circumstances, including the quantities both of coal and of lignite which passed before the war between present Hungarian territory on the one hand and Silesia and the territory of the former Austrian Empire transferred to the Czecho-Slovak State and Poland in accordance with the Treaties of Peace on the other hand, as well as the quantities now available for export from those countries. Hungary shall in return furnish to the Czecho-Slovak State and Poland supplies of the lignite, foodstuffs and raw materials referred to in paragraph I in accordance with the decisions of the Reparation Commission.
3. The Czecho-Slovak State and Poland further undertake during the same period to take such steps as may be necessary to ensure that coal, including lignite, shall be available for sale to purchasers in Hungary on terms as favourable as are applicable to like products sold under similar conditions to purchasers in the Czecho-Slovak State or Poland respectively or in any other country.
4. The provisions of paragraphs 2 and 3 prohibiting export duties or restrictions and determining the conditions of sale shall also apply to the supply of lignite by Hungary to Poland and the Czecho-Slovak State.
5. In case of disagreement in the execution or interpretation of any of the above provisions, the Reparation Commission shall decide.
6. In order to permit mutual assistance between Poland, Roumania, the Serb-Croat-Slovene State, Czecho-Slovakia, Hungary and Austria, in regard to products hitherto exchanged between the territories of these States, which are indispensable to their industry or trade, negotiations shall be undertaken, on the initiative of-any of these States, within six months from the coming into force of the present Treaty with a view to the conclusion with any other of the said States of separate conventions in conformity with the provisions of the present Treaty, and in particular of Articles 200 to 205.
At the end of this period any State which has requested such a convention without succeeding in concluding it may apply to the Reparation Commission and request it to accelerate the conclusion of such convention.
ARTICLE 208.
I. Special agreements shall be made between. Hungary and Austria as to the supply of foodstuffs,
raw materials and manufactured articles reciprocally.
2. Pending the conclusion of such agreements, but in no case during more than five years from the coming into force of the present Treaty, Hungary undertakes that no export duty or other restrictions of any kind shall be imposed on the export to Austria of foodstuffs of every description produced in Hungarian territory, up to a reasonable quantity to be fixed, failing agreement between the States concerned, by the Reparation Commission. In fixing this quantity, the Reparation Commission shall take into account all the circumstances, and in particular the production and requirements of the two countries concerned. Austria shall in return furnish to Hungary supplies of the raw materials
and manufactured articles reterred to in paragraph I in accordance with the decisions of the Reparation Commission
3. Hungary further undertakes during the same period to take such steps as may be necessary to ensure that any such products shall be available for sale to purchasers in Austria on terms as lavourable as are applicable to like products sold under similar conditions to purchasers in Hungary or in any other country.
4. In case of disagreemer t in the execution or interpretation of any of the above provisions the Reparation Commission shall decide.
CHAPTER II.
SHIPPING
ARTICLE 209.
The High Contracting Parties agree to recognise the flag flown by the vessels of any Contracting
Party having no sea-coast, which are registered at some one specified place situated in its
territory; such place shall serve as the port of registry of such vessels.
CHAPTER III.
UNFAIR COMPETITION.
ARTICLE 210.
1. Hungary undertakes to adopt all the necessary legislative and administrative measures to
protect goods the produce or manufacture of any one of the Allied and Associated Powers from
all forms of unfair competition in commercial transactions.
Hungary undertakes to prohibit and repress by seizure and by other appropriate remedies the importation, exportation, manufacture, distribution, sale or offering for sale in her territory of all goods bearing upon themselves or their usual get-up or wrappings any marks, names, devices, or descriptions whatsoever which are calculated to convey directly or indirectly a false indication of the origin, type, nature or special characteristics of such goods.
2, Hungary undertakes, on condition that reciprocity is accorded in these matters, to respect any law, or any administrative or judicial decision given in conformity with such law, in force in any Allied or Associated State and duly communicated to her by the proper authorities, defining or regulating the right to any regional appellation in respect of wine or spirits produced in the State to which the region belongs or the conditions under which the use of any such appellation may be permitted; and the importation, exportation, manufacture, distribution, sale or offering for sale of products or articles bearing regional appellations inconsistent with such law or order shall be prohibited by Hungary and repressed by the measures prescribed in paragraph X of this Article.
CHAPTER IV.
TREATMENT OF NATIONALS OF ALLIED AND ASSOCIATED POWERS.
ARTICLE 211.
Hungary undertakes:
(a) Not to subject the nationals of the Allied and Associated Powers to any prohibition in regard to the exercise of occupations, professions, trade and industry, which shall not be equally applicable to all aliens without exception;
(b) Not to subject the nationals of the Allied and Associated Powers in regard to the rights referred to in paragraph (a) to any regulation or restriction which might contravene directly or indirectly the stipulations of the said paragraph, or which shall be other or more disadvantageous than those which are applicable to nationals of the rnost-favoured nation
(c) Not to subject the nationals of the Allied and Associated Powers, their property, rights, or interests, including companies and associations in which they are interested, to any charge tax or impost, direct or indirect, other or higher than those which are or may be imposed on her own nationals or their property, rights or interests;
(d) Not to subject the nationals of any one of the Allied and Associated Powers to any restriction which was not applicable on July 1, I9I4, to the nationals of such Powers unless such restriction is likewise imposed on her own nationals.
ARTICLE 212.
The nationals of the Allied and Associated Powers shall enjoy in Hungarian territory a constant
protection for their persons
and for their property, rights and interests, and shall have free access to the courts of law.
ARTICLE 213.
Hungary undertakes to recognise any new nationality which has been or may be acquired by her
nationals under the laws of the Allied and Associated Powers, and in accordance with the
decisions of the competent authorities of these Powers pursuant to naturalisation laws or under
treaty stipulations, and to regard such persons as having, in consequence of the acquisition of
such new nationality, in all respects severed their allegiance to their country of origin.
ARTICLE 214.
The Allied and Associated Powers may appoint consuls-general, consuls, vice-consuls and
consular agents in Hungarian towns and ports. Hungary undertakes to approve the designation of
the consuls-general, consuls, vice-consuls and consular agents, whose names shall be notified to
her, and to admit them to the exercise of their functions in conformity with the usual rules and
customs.
CHAPTER V.
GENERAL ARTICLES.
ARTICLE 2I5.
The obligations imposed on Hungary by Chapter I above shall cease to have effect five years from
the date of the coming into force of the present Treaty, unless otherwise provided in the texts or
unless the Council of the League of Nations shall, at least twelve months before the expiration of
that period, decide that these obligations shall be maintained for a further period with or without
amendment.
Nevertheless it is agreed that, unless the League of Nations decides otherwise, an Allied or Associated Power shall not after the expiration of three years from the coming into force of the present Treaty be entitled to require the fulfilment by Hungary of the provisions of Articles 200, 201, 202 or 203 unless that Power accords correlative treatment to Hungary.
Article 211 shall remain in operation, with or without amendment, after the period of five years for such further period, if any, not exceeding five years, as may be determined by a majority of the Council of the League of Nations.
ARTICLE 2I6.
If the Hungarian Government engages in international trade, it shall not in respect thereof have or
be deemed to have any rights, privileges or immunities of sovereignty.
SECTION II.
TREATIES.
ARTICLE 2I7.
From the coming into force of the present Treaty and subject to the provisions thereof, the
multilateral Treaties, Conventions and Agreements of an economic or technical character
concluded by the former Austro-Hungarian Monarchy and enumerated below and in the
subsequent Articles shall alone be applied as between Hungary and those of the Allied and
Associated Powers party thereto:
(I) Conventions of March I4, 1884, December 1, 1886, and March 23, 1887, and Final Protocol of July 7, 1887, regarding the protection of submarine cables.
(2) Convention of October 1l, 1909, regarding the international circulation of motor-cars.
(3) Agreement of May 15, 1886, regarding the sealing of railway trucks subject to customs inspection, and Protocol of May 18, 1907.
(4) Agreement of May 15, 1886, regarding the technical standardisation of railways.
(5) Convention of July 5, 1890, regarding the publication of customs tariffs and the organisation of an International Union for the publication of customs tariffs.
(6) Convention of April 25, 1907, regarding the raising of the Turkish customs tariff.
(7) Convention of March 14, 1857, for the redemption of toll dues on the Sound and Belts.
(8) Convention of June 22, 1861, for the redemption of the Stade Toll on the Elbe.
(g) Convention of July 16, 1863, for the redemption of the toll dues on the Scheldt.
(IO) Convention of October 29, I888, regarding the establishment of a definite arrangement guaranteeing the free use of the Suez Canal.
(11) Conventions of September 23, 1910, respecting the unification of certain regulations regarding collisions and salvage at sea.
(12) Convention of December 21, I904, regarding the exemption of hospital ships from dues and charges in ports.
(13) Convention of September 26, I906, for the suppression of nightwork for women.
(14) Conventions of May 18, 1904, and May 4, 1910, regarding the suppression of the White Slave Traffic.
(15) Convention of May 4, 1910, regarding the suppression of obscene publications.
(16) Sanitary Convention of December 3, I903, and the preceding Conventions signed on January 30, 1892, April 15, 1893, April 3, I894, and March 19, 1897.
(17) Convention of May 20, 1875, regarding the unification and improvement of the metric system.
(18) Convention of November 29, 1906, regarding the unification of pharmacopoeial formulae for potent drugs.
(19) Convention of November 16 and 19, 1885, regarding the establishment of a concert pitch.
(20) Convention of June 7, 1905, regarding the creation of an International Agricultural Institute at Rome.
(21) Conventions of November 3, 1881, and April 15, 1889, regarding precautionary measures against phylloxera.
(22) Convention of March 19, 1902, regarding the protection of birds useful to agriculture.
(23) Convention of June 12, 1902, regarding the guardianship of minors.
ARTICLE 218.
From the coming into force of the present Treaty the High Contracting Parties shall apply the
conventions and agreements hereinafter mentioned, in so far as concerns them, Hungary
undertaking to comply with the special stipulations contained in this Article.
Postal Conventions:
Conventions and agreements of the Universal Postal Union concluded at Vienna, July 4, 1891.
Conventions and agreements of the Postal Union signed at Washington, June 15, 1897.
Conventions and agreements of the Postal Union signed at Rome, May 26, 1906.
Telegraphic Conventions:
International Telegraphic Conventions signed at St. Petersburg, July lo/22, 1875.
Regulations and Tariffs drawn up by the International Telegraphic Conference, Lisbon, June 11, 1908.
Hungary undertakes not to refuse her assent to the conclusion by the new States of the special arrangements referred to in the Conventions and Agreements relating to the Universat Postal Union and to the International Telegraphic Union, to which the said new States have adhered or may adhere.
ARTICLE 219.
From the coming into force of the present Treaty the High Contracting Parties shall apply, in so
far as concerns them, the International Radio-Telegraphic Conventions of July 5, 1912, Hungary
undertaking to comply with the provisional regulations which will be indicated to her by the Allied
and Associated Powers.
If within five years after the coming into force of the present Treaty a new convention regulating international radio-teleraphic communications should have been concluded to take the place of the Convention of July 5, 1912, this new convention shall bind Hungary, even if Hungary should refuse either to take Dart in drawing up the convention, or subscribe thereto.
This new convention will likewise replace the provisional regulations in force.
ARTICLE 220.
The International Convention of Paris of March 20, 1883, for the protection of industrial
property, revised at Washington on June 2, 1911, and the Agreement of April 14, 1891,
concerning the international registration of trade marks shall be applied as from the coming into
force of the present Treaty, in so far as they are not affected or modified by the exceptions and
restrictions resulting therefrom.
ARTICLE 221.
From the coming into force of the present Treaty the High Contracting Parties shall apply, in so
far as concerns them, the Convention of The Hague of July 17, 1905, relating to civil procedure.
This provision, however, will not apply to France, Portugal and Roumania.
ARTICLE 222.
Hungary undertakes, witbin twelve months of the coming into force of the p:resent Treaty, to
adhere in the prescribed form to the International Convention of Berne of September 9, 1886, for
the protection of literary and artistic works, revised at Berlin on November 13, 1908, and
completed by the Additional Protocol signed at Berne on March 20, 1914, relating to the
protection of literary and artistic works.
Until her adherence, Hungary undertakes to recognise and protect by effective measures and in accordance with the principles of the said Convention the literary and artistic works of nationals of the Allied and Associated Powers.
In addition, and irrespective of the above-mentioned adherence, Hungary undertakes to continue to assure such recognition and such protection to all literary and artistic works of the nationals of each of the Allied and Associated Powers to an extent at least as great as upon July 28, 19l4, and upon the same conditions.
ARTICLE 223.
Hungary undertakes to adhere to the following Conventions:
(1) Convention of September 26, 1906, for the suppression of the use of white phosphorus in the manufacture of matches.
(2) Convention of December 31, 1913, regarding the unification of commercial statistics.
ARTICLE 224.
Each of the Allied or Associated Powers, being guided by the general principles or special
provisions of the present Treaty, shall notify to Hungary the bilateral agreements of all kinds
which were in force between her and the former Austro-Hungarian Monarchy, and which she
wishes should be in force as between her and Hungary.
The notification referred to in the present Article shall be made either directly or through the intermediary of another Power. Receipt thereof shall be acknowledged in writing by Hungary. The date of the coming into force shall be that of the notification.
The Allied and Associated Powers undertake among themselves not to apply as between themselves and Hungary any agreements which are not in accordance with the terms of the present Treaty.
The notification shall mention any provisions of the said agreements which, not being in accordance with the terms of the present Treaty, shall not be considered as coming into force. In case of any difference of opinion, the League of Nations will be called on to decide. A period of six months from the coming into force of the present Treaty is allowed to the Allied and Associated Powers within which to make the notification.
Only those bilateral agreements which have been the subject of such a notification shall be put in force between the Allied and Associated Powers and Hungary.
The above rules apply to all bilateral agreements existing between any Allied and Associated Powers signatories to the present Treaty and Hungary, even if the said Allied and Associated Powers have not been in a state of war with Hungary.
ARTICLE 225.
Hungary hereby recognises that all treaties, conventions or agreements concluded by her, or by
the former Austro-Hungarian Monarchy, with Germany, Austria, Bulgaria or Turkey since August
1, I914, until the coming into force of the present Treaty, are of no effect.
ARTICLE 226.
Hungary undertakes to secure to the Allied and Associated Powers, and to the officials and
nationals of the said Powers, the enjoyment of all the rights and advantages of any kind which she,
or the former Austro-Hungarian Monarchy, may have granted to Germany, Austria, Bulgaria or
Turkey, or to the officials and nationals of these States by treaties, conventions or arrangements
concluded before August 1, 1914, so long as those treaties, conventions or arrangements are in
force.
The Allied and Associated Powers reserve the right to accept or not the enjoyment of these rights and advantages.
ARTICLE 227.
Hungary recognises that all treaties, conventions or arrangements which she, or the former
Austro-Hungarian Monarchy, concluded with Russia, or with any State or Government of which
the territory previously formed a part of Russia, or with Roumania, before July 28, 1914, or after
that date until the coming into force of the present Treaty, are of no effect.
ARTICLE 228.
Should an Allied or Associated Power, Russia, or a State or Government of which the territory
formerly constituted a part of Russia, have been forced since July 28, 1914, by reason of military
occupation or by any other means or for any other cause, to grant or to allow to be granted by the
act of any public authority, concessions, privileges and favours of any kind to the former
Austro-Hungarian Monarchy, or to Hungary or to an Hungarian national, such concessions,
privileges and iavours are ipso facto annulled by the present Treaty.
No claims or indemnities which may result from this annulment shall be charged against the Allied or Associated Powers or the Powers, States, Governments or public authorities which are released from their engagements by the present Article.
ARTICLE 229.
From the coming into force of the present Treaty Hungary undertakes, so far as she is concerned,
to give the Allied and Associated Powers and their nationals the benefit ipso facto of the rights and
advantages of any kind which she or the former Austro-Hungarian Monarchy has granted by
treaties, conventions or arrangements to non-belligerent States or their nationals since July 28,
1914, until the coming into force of the present Treaty, so long as those treaties, conventions or
arrangements are in force for Hungary.
ARTICLE 230.
Those of the High Contracting Parties who have not yet signed, or who have signed but not yet
ratified, the Opium Convention signed at The Hague on January 23, 1912, agree to bring the said
Convention into force, and for this purpose to enact the necessary legislation without delay and in
any case within a period of twelve months from the coming into force of the present Treaty.
Furthermore, they agree that ratification of the present Treaty should in the case of Powers which
have not yet ratified the Opium Convention be deemed in all respects equivalent to the ratification
of that Convention and to the signature of the Special Protocol which was opened at The Hague
in accordance with the resolutions adopted by the Third Opium Conference in 1914 for bringing
the said Convention into force.
For this purpose the Government of the French Republic will communicate to the Government of the Netherlands a certified copy of the protocol of the deposit of ratifications of the present Treaty, and will invite the Government of the Netherlands to accept and deposit the said certified copy as if it were a deposit of ratifications of the Opium Convention and a signature of the Additional Protocol of 1914.
SECTION III.
DEBTS.
ARTICLE 231.
There shall be settled through the intervention of Clearing Offices to be established by each of the
High Contracting Parties within three months of the notification referred to in paragraph (e)
hereafter the following classes of pecuniary obligations:
(1) Debts payable before the war and due by a national of one of the Contracting Powers, residing within its territory, to a national of an Opposing Power, residing within its territory;
(2) Debts which became payable during the war to nationals of one Contracting Power residing within its territory and arose out of transactions or contracts with the nationals of an Opposing Power, resident within its territory, of which the total or partial execution was suspended on account of the existence of a state of war:
(3) Interest which has accrued due before and during the war to a national of one of the Contracting Powers in respect of securities issued or taken over by an Opposing Power, provided that the payment of interest on such securities to the nationals of that Power or to neutrals has not been suspended during the war;
(4) Capital sums which have become payable before and during the war to nationals of one of the Contracting Powers in respect of securities issued by one of the Opposing Powers, provided that the payment of such capital sums to nationals of that Power or to neutrals has not been suspended during the war.
In the case of interest or capital sums payable in respect of securities issued or taken over by the former Austro-Hungarian Government the amount to be credited and paid by Hungary will be the interest or capital in respect only of the debt for which Hungary is liable in accordance with Part IX (Financial Clauses) of the present Treaty, and the principles laid down by the Reparation Commission.
The proceeds of liquidation of enemy property, rights and interests mentioned in Section IV and in the Annex thereto will be accounted for through the Clearing Offices, in the currency and at the rate of exchange hereinafter provided in paragraph (d), and disposed of by them under the conditions provided by the said Section and Annex.
The settlements provided for in this Article shall be effected according to the following principles and in accordance with the Annex to this Section:
(a) Each of the High Contracting Parties shall prohibit, as from the coming into force of the present Treaty, both the payment and the acceptance of payment of such debts, and also all communications between the interested parties with regard to the settlement of the said debts otherwise than through the Clearing Offices;
(b) Each of the High Contracting Parties shall be respectively responsible for the payment of such debts due by its nationals, except in the cases where before the war the debtor was in a state of bankruptcy or failure, or had given formal indication of insolvency, or where the debt was due by a company whose business has been liquidated under emergency legislation during the war; (c) The sums due to the nationals of one of the High Contracting Parties by the nationals of an Opposing State will be debited to the Clearing Office of the country of the debtor, and paid to the creditor by the Clearing Ohice of the country of the creditor;
(d) Debts shall be paid or credited in the currency of such one of the Allied and Associated Powers, their colonies or protectorates, or the British Dominions or Indiar as may be concerned. If the debts are payable in some other currency they shall be paid or credited in the currency of the country concerned, whether an Allied or Associated Power, Colony, Protectorate, British Dominion or India, at the pre-war rate of exchange. For the purpose of this provision the pre-war rate of exchange shall be defined as the average cable transfer rate prevailing in the Allied or Associated country concerned during the month immediately preceding the outbreak of war between the said country concerned and Austria-Hungary.
If a contract provides for a fixed rate of exchange governing the conversion of the currency in which the debt is stated into the currency of the Allied or Associated country concerned, then the above provisions concerning the rate of exchange shall not apply.
In the case of the new States of Poland and the Czecho-Slovak State, the currency in which and the rate of exchange at which debts shall be paid or credited shall be determined by the Reparation Commission provided for in Part VIII, unless they shall have been previously settled by agreement between the States interested;
(e) The provisions of this Article and of the Annex hereto shall not apply as between Hungary on the one hand and any one of the Allied and Associated Powers, their colonies or protectorates, or any one of the British Dominions or India on the other hand, unless within a period of one month from the deposit of the ratification of the present Treaty by the Power in question, or of the ratification on behalf of such Dominion or of India, notice to that effect is given to Hungary by the Government of such Allied or Associated Power or of such Dominion or of India as the case may be;
(e) The Allied and Associated Powers which have adopted this Article and the Annex hereto may agree between themselves to supply them to their respective nationals established in their territory so far as regards matters between their nationals and Hungarian nationals. In this case the payments made by application of this provision will be subject to arrangements between the Allied and Associated Clearing Offices concerned.
ANNEX.
1. Each of the High Contracting Parties will, within three months from the notification provided for
in Article 231, paragraph (e), establish a Clearing Offfice for the collection and payment of enemy debts.
Local Clearing Offices may be established for any particular portion of the territories of the High
Contracting Parties. Such local Clearing Offices may perform all the functions of a central
Clearing Office in their respective districts, except that all transactions with the Clearing Office in
the Opposing State must be effected through the central Clearing Office.
2. In this Annex the pecuniary obligations referred to in the first paragraph of Article 231 are described as "enemy debts," the persons from whom the same are due as "enemy debtors," the persons to whom they are due as "enemy creditors," the Clearing Office in the country of the creditor is called the "Creditor Clearing Office," and the Clearing Office in the country of the debtor is called the "Debtor Clearing Office."
3. The High Contracting Parties will subject contraventions of paragraph (a) of Article 231 to the same penalties as are at present provided by their legislation for trading with the enemy. Those who have not prohibited trading with the enemy will enact provisions punishing the above-mentioned contraventions with severe penalties. The High Contracting Parties will similarly prohibit within their territory all legal process relating to payment of enemy debts, except in accordance with the provisions of this Annex.
4. The Government guarantee specified in paragraph (b) of Article 231 shall take effect whenever, for any reason, a debt shall not be recoverable, except in a case where at the date of the outbreak of war the debt was barred by the laws of prescription in force in the country of the debtor, or where the debtor was at that time in a state of bankruptcy or failure or had given formal indication of insolvency, or where the debt was due by a company whose business has been liquidated under emergency legislation during the war. In such case the procedure specified by this Annex shall apply to payment of the dividends.
The terms "bankruptcy" and "failure" refer to the application of legislation providing for such juridical conditions. The expression "formal indication of insolvency" bears the same meaning as it has in English law.
5. Creditors shall give notice to the Creditor Clearing Office within six months of its establishment of debts due to them, and shall furnish the Clearing Office with any documents and information required of them.
The High Contracting Parties will take all suitable measures to trace and punish collusion between enemy creditors and debtors. The Clearing Offices will communicate to one another any evidence and information which might help the discovery and punishment of such collusion.
The High Contracting Parties will facilitate as much as possible postal and telegraphic communication at the expense of the parties concerned and through the intervention of the Clearing Offices between debtors and creditors desirous of coming to an agreement as to the amount of their debt.
The Creditor Clearing Office will notify the Debtor Clearing Office of all debts declared to it. The Debtor Clearing Office will in due course, inform the Creditor Clearing Office which debts are admitted and which debts are contested. In the latter case, the Debtor Clearing Office will give the grounds for the non-admission of debt.
6. When a debt has been admitted, in whole or in part, the Debtor Clearing Office will at once credit the Creditor Clearing Office with the amount admitted, and at the same time notify it of such credit.
7. The debt shall be deemed to be admitted, in full and shall be credited forthwith to the Creditor Clearing Office unless within three months from the receipt of the notification or such longer time as may be agreed to by the Creditor Clearing Office notice has been given by the Debtor Clearing Office that it is not admitted.
8. When the whole or part of a debt is not admitted the two Clearing Offices will examine into the matter jointly and will endeavour to bring the parties to an agreement.
9. The Creditor Clearing Office will pay to the individual creditor the sums credited to it out of the funds placed at its disposal by the Government of its councry and in accordance with the conditions fixed by the said Government, retaining any sum considered necessary to cover risks, expenses or commissions.
10. Any person having claimed payment of an enemy debt which is not admitted in whole or in part shall pay to the Clearing Office, by way of fine, interest at 5 per cent. on the part not admitted. Any person having unduly refused to admit the whole or part of a debt claimed from him shall pay, by way of fine, interest at 5 per cent. on the amount with regard to which his refusal shall be disallowed.
Such interest shall run from the date of expiration of the period provided for in paragraph 7 until the date on which the claim shall have been disallowed or the debt paid.
Each Clearing Office shall in so far as it is concerned take steps to collect the fines above provided for, and will be responsible if such fines cannot be collected.
The fines will be credited to the other Clearing Office, which shall retain them as a contribution towards the cost of carrying out the present provisions.
11. The balance between the Clearing Offices shall be struck every three months and the credit balance paid in cash by the debtor State within one month.
Nevertheless any credit balances which may be due by one or more of the Aliied and Associated Powers shall be retained until complete payment shall have been effected of the sums due to the Allied or Associated Powers or their nationals on account of the war.
12. To facilitate discussion between the Clearing Offices each of them shall have a representative at the place where the other is established.
13. Except for special reasons all discussions in regard to claims will, so far as possible, take place at the Debtor Clearing Office.
14. In conformity with Article 231, paragraph (b), the High Contracting Parties are responsible for the payment of the enemy debts owing by their nationals.
The Debtor Clearing Office will therefore credit the Creditor Clearing Office with all debts admitted, even in case of inability to collect them from the individual debtor. The Governments concerned will, nevertheless, invest their respective Clearing Offices with all necessary powers for the recovery of debts which have been admitted.
15. Each Government will defray the expenses of the Clearing Office set up in its territory, including the salaries of the staff.
16. Where the two Clearing Offices are unable to agree whether a debt claimed is due, or in case of a difference between an enemy debtor and an enemy creditor or between the Clearing Offices, the dispute shall either be referred to arbitration if the parties so agree under conditions fixed by agreement between them, or referred to the Mixed Arbitral Tribunal provided for in Section VI hereafter.
At the request of the Creditor Clearing Office the dispute may however, be submitted to the jurisdiction of the Courts of the place of domicile of the debtor.
17. Recovery of sums found by the Mixed Arbitral Tribunal, the Court, or the Arbitration Tribunal to be due shall be effected through the Clearing Offices as if these sums were debts admitted by the Debtor Clearing Office.
18. Each of the Governments concerned shall appoint an agent who will be responsible for the presentation to the Mixed Arbitral Tribunal of the cases conducted on behalf of its Clearing Office. This agent will exercise a general control over the representatives or counsel employed by its nationals.
Decisions will be arrived at on documentary evidence, but it will be open to the Tribunal to hear the parties in person, or according to their preference by their representatives approved by the two Governments, or by the agent referred to above, who shall be competent to intervene along with the party or to re-open and maintain a claim abandoned by the same.
19. The Clearing Offices concerned will lay before the Mixed Arbitral Tribunal all the information and documents in their possession, so as to enable the Tribunal to decide rapidly on the cases which are brought before it.
20. Where one of the parties concerned appeals against the joint decision of the two Clearing Offices he shall make a deposit against the costs, which deposit shall only be refunded when the first judgment is modified in favour of the appellant and in proportion to the success he may attain, his opponent in case of such a refund being required to pay an equivalent proportion of the costs and expenses. Security accepted by the Tribunal may be substituted for a deposit.
A fee of 5 per cent. of the amount in dispute shall be charged in respect of all cases brought before the Tribunal. This fee shall, unless the Tribunal directs otherwise, be borne by the unsuccessful party. Such fee shall be added to the deposit referred to. It is also independent of the security.
The Tribunal may award to one of the parties a sum in respect of the expenses of the proceedings. Any sum payable under this paragraph shall be credited to the Clearing Office of the successful party as a separate item.
21. With a view to the rapid settlement of claims, due regard shall be paid in the appointment of all persons connected with the Clearing Offices or with the Mixed Arbitral Tribunal to their knowledge oi the language of the other country concerned.
Each of the Clearing Offices will be at liberty to correspond with the other and to forward documents in its own language.
22. Subject to any special agreement to the contrary between the Governments concerned, debts shall carry interest in accordance with the following provisions:
Interest shall not be payable on sums of money due by way of dividend, interest, or other periodical payments which themselves represent interest on capital.
The rate of interest shall be 5 per cent. per annum, except in cases where, by contract, law or custom, the creditor is entitled to payment of interest at a different rate. In such cases the rate to which he is entitled shall prevail.
Interest shall run from the date of commencement of hostilities (or, if the sum of money to be recovered fell due during the war, from the date at which it fell due) until the sum is credited to the Clearing Office of the creditor.
Sums due by way of interest shall be treated as debts admitted by the Clearing Offices and shall be credited to the Creditor Clearing Office in the same way as such debts.
23. Where by decision of the Clearing Offices or the Mixed Arbitral Tribunal a claim is held not to fall within Article 231, the creditor shall be at liberty to prosecute the claim before the Courts or to take such other proceedings as may be open to him.
The presentation of a claim to the Clearing Office suspends the operation of any period of prescription.
24. The High Contracting Parties agree to regard the decisions of the Mixed Arbitral Tribunal as final and conclusive, and to render them binding upon their nationals.
25. In any case where a Creditor Clearing Office declines to notify a claim to the Debtor Clearing Office, or to take any step provided for in this Annex intended to make effective in whole or in part a request of which it has received due notice, the enemy creditor shall be entitled to receive from the Clearing Office a certificate setting out the amount of the claim, and shall then be entitled to prosecute the claim before the courts or to take such other proceedings as may be open to him.
ARTICLE 232.
I. The question of private property, rights and interests in an enemy country shall be settled
according to the principles laid down in this Section and to the provisions of the Annex hereto.
(a) The exceptional war measures and measures of transfer (defined in paragraph 3 of the Annex hereto) taken in the territory of the former Kingdom of Hungary with respect to the property, rights and interests of nationals of Allied or Associated Powers, including companies and associations in which they are interested, when liquidation has not been completed, shall be immediately discontinued or stayed and the property rights and interests concerned restored to their owners.
(b) Subject to any contrary stipulations which may be provided for in the present Treaty, the Allied and Associated Powers reserve the right to retain and liquidate all property, rights and interests which belong at the date of the coming into force of the present Treaty to nationals of the former Kingdom of Hungary, or companies controlled by them, and are within the territories, colonies, possessions and protectorates of such Powers (including territories ceded to them by the present Treaty) or which are under the control of those Powers.
The liquidation shall be carried out in accordance with the laws of the Allied or Associated State concerned, and the owner shall not be able to dispose of such property, rights or interests nor to subject them to any charge without the consent of that State.
Persons who within six months of the coming into force of the present Treaty show that they have acquired ipso facto in accordance with its provisions the nationality of an Allied or Associated Power, including those who under Article 62 obtain such nationality with the consent of the competent authorities or in virtue of previous rights of citizenship (pertinenza), will not be considered as nationals of the former Kingdom of Hungary within the meaning of this paragraph.
(c) The price or the amount of compensation in respect of the exercise of the right referred to in paragraph (b) will be fixed in accordance with the methods of sale or valuation adopted by the laws of the country in which the property has been retained or liquidated.
(d) As between the Allied and Associated Powers and their nationals on the one hand and nationals of the former Kingdom of Hungary on the other hand, as also between Hungary on the one hand and the Allied and Associated Powers and their nationals on the other hand, all the exceptional war measures, or measures of transfer, or acts done or to be done in execution of such measures as defined in paragraphs I and 3 of the Annex hereto shall be considered as final and binding upon all persons except as regards the reservations laid down in the present Treaty.
(e) The nationals of Allied and Associated Powers shall be entitled to compensation in respect of damage or injury infiicted upon their property, rights or interests, including any company or association in which they are interested, in the territory of the former Kingdom of Hungary, by the application either of the exceptional war measures or measures of transfer mentioned in paragraphs I and 3 of the Annex hereto. The claims made in this respect by such nationals shall be investigated, and the total of the compensation shall be determined by the Mixed Arbitral Tribunal provided for in Section VI or by an arbitrator appointed by that Tribunal. This compensation shall be borne by Hungary, and may be charged upon the property of nationals of the former Kingdom of Hungary, or companies controlled by them, as defined in paragraph (b), within the territory or under the control of the claimant's State. This property may be constituted as a pledge for enemy liabilities under the conditions fixed by paragraph 4 of the Annex hereto. The payment of this compensation may be made by the Allied or Associated State, and the amount will be debited to Hungary.
(f) Whenever a national of an Allied or Associated Power is entitled to property which has been subjected to a measure of transfer in the territory of the former Kingdom of Hungary and expresses a desire for its restitution, his claim for compensation in accordance with paragraph (e) shall be satisfied by the restitution of the said property if it still exists in specie.
In such case Hungary shall take all necessary steps to restore the evicted owner to the possession of his property, free from all encumbrances or burdens with which it may have been charged after the liquidation, and to indemnify all third parties injured by the restitution.
If the restitution provided for in this paragraph cannot be effected, private agreements arranged by the intermediation of the Powers concerned or the Clearing Offices provided for in the Annex to Section III may be made, in order to secure that the national of the Allied or Associated Power may secure compensation for the injury referred to in paragraph (e) by the grant of advantages or equivalents which he agrees to accept in place of the property, rights or interests of which he was deprived.
Through restitution in accordance with this Article the price or the amount of compensation fixed by the application of paragraph (e) will be reduced by the actual value of the property restored, account being taken of compensation in respect of loss of use or deterioration.
(g) The rights conferred by paragraph (f) are reserved to owners who are nationals of Allied or Associated Powers within whose territory legislative measures prescribing the general liquidation of enemy property, rights or interests were not applied before the signature of the Armistice
(h) Except in cases where, by application of paragraph (f), restitutions in specie have been made, the net proceeds of sales of enemy property, rights or interests wherever situated, carried out either by virtue of war legislation, or by application of this Article, and in general ali cash assets of enemies, other than proceeds of sales of property or cash assets in Allied or Associated countries belonging to persons covered by the last sentence of paragraph (b) above, shall be dealt with as follows:
(I) As regards Powers adopting Section III and the Annex thereto, the said proceeds and cash assets shall be credited to the Power of which the owner is a national, through the Clearing Office established thereunder; any credit balance in favour of Hungary resulting therefrom shall be dealt with as provided in Article 173, Part VIlI (Reparation), of the present Treaty.
(2) As regards Powers not adopting Section III and the Annex thereto, the proceeds of the property, rights and interests, and the cash assets, of the nationals of Allied or Associated Powers held by Hungary shall be paid immediately to the person entitled thereto or to his Government; the proceeds of the property, rights and interests, and the cash assets, of nationals of the former Kingdom of Hungary, or companies controlled by them, as defined in paragraph (b), received by an Allied or Associated Power shall be subject to disposal by such Power in accordarace with its laws and regulations and may be applied in payment of the claims and debts defined by this Article or paragraph 4 of the Annex hereto. Any such property, rights and interests or proceeds thereof or cash assets not used as above provided may be retained by the said Allied or Associated Power, and if retained, the cash value thereof shall be dealt with as provided in Article 173, Part Vlll (Reparation), of the present Treaty.
(i) Subject to the provisions of Article 250, in the case of liquidations effected in new States, which are signatories of the present Treaty as Allied and Associated Powers, or in States which are not entitled to share in the reparation payments to be made by Hungary, the proceeds of liquidations effected by such States shall, subject to the rights of the Reparation Commission under the present Treaty, particularly under Articles 165, Part Vlll (Reparation), and 194, Part IX (Financial Clauses), be paid direct to the owner. If, on the application of that owner, the Mixed Arbitral Tribunal provided for by Section VI of this Part, or an arbitrator appointed by that Tribunal, is satisfied that the conditions of the sale or measures taken by the Government of the State in question outside its general legislation were unfairly pre. judicial to the price obtained, they shall have discretion to award to the owner equitable compensation to be paid by that State.
(j) Hungary undertakes to compensate her nationals in respect of the sale or retention of their property, rights or interests in Allied or Associated States.
(k) The amount of all taxes or imposts on capital levied or to be levied by Hungary on the property, rights and interests of the nationals of the Allied or Associated Powers Irom November 3, 1918, until three months from the coming into force of the present Treaty, or, in the case of property, rights or interests which have been subjected to exceptional measures of war, until restitution in accordance with the present Treaty, shall be restored to the owners.
II. Subject to the preceding provisions, all measures other than those above referred to taken by the de jure or de facto authorities in the territory of the former Kingdom of Hungary between November 38 1918, and the coming into force of the present Treaty, and causing injury to the property, rights and interests of the Allied and Associated Powers or their nationals, including companies and associations in which they were interested, are declared null and void.
The provisions of paragraphs (a), (e), (f), (h) and (k) above apply to property, rights and interests which belong to nationals of the Allied and Associated Powers, including companies and associations in which they were interested, and which have been the subject of injurious measures such as expropriation, confiscation, seizure, requisition, destruction or deterioration effected as the result either of laws or regulations or of acts of violence on the part of the de jure or de facto authorities which have existed in Hungary, or of the Hungarian population.
III. Companies and associations include in particular the Orthodox Greek communities established in Buda-Pesth and other Hungarian towns, as well as pious and other foundations, when nationals ol the Allied and Associated Powers are interested in such communities or foundations.
IV. No forfeiture on account of failure to complete any formality or make any declaration imposed by Hungarian laws or decrees promulgated since the Armistice and before the coming into force of the present Treaty shall be valid as against nationals of the Allied and Associated Powers, including companies and associations in which they were interested.
ARTICLE 233.
Hungary undertakes, with regard to the property, rights and interests, including companies and
associations in which they were interested, restored to nationals of Allied and Associated Powers
in accordance with the provisions of Article 232:
(a) To restore and maintain, except as expressly provided in the present Treaty, the property, rights and interests of the nationals of Allied or Associated Powers in the legal position obtaining in respect of the property, rights and interests of nationals of the former Kingdom of Hungary under the laws in force before the war;
(b) Not to subject the property, rights or interests of the nationals of the Allied or Associated Powers to any measures in derogation of property rights which are not applied equally to the property, rights and interests of Hungarian nationals, and to pay adequate compensation in the event of the application of these measures.
ANNEX.
1. In accordance with the provisions of Article 232, paragraph (d), the validity of vesting orders and
of orders for the winding up of
businesses or companies, and of any other orders, directions, decisions or instructions of any
court or any department of the Government of any of the High Contracting Parties made or given,
or purporting to be made or given, in pursuance of war legislation with regard to enemy property,
rights and interests is confirmed. The interests of all persons shall be regarded as having been
effectively dealt with by any order, direction, decision or instruction dealing with property i n
which they may be interested, whether or not such interests are specifically mentioned in the
order, direction, decision or instruction. No question shall be raised as to the regularity of a
transfer of any property, rights or interests dealt with in pursuance of any such order, direction,
decision or instruction. Every action taken with regard to any property, business or company,
whether as regards its investigation, sequestration, compulsory administration, use, requisition
supervision or winding up, the sale or management of property, rights or interests, the collection
or discharge of debts, the payment of costs, charges or expenses, or any other matter whatsoever,
in pursuance of orders, directions, decisions or instructions of any court or of any department of
the Government of any of the High Contracting Parties, made or given, or purporting to be made
or given, in pursuance of war legislation with regard to enemy property, rights or interests, is
confirmed. Provided that the provisions of this paragraph shall not be held to prejudice the titles
to property heretofore acquired in good faith and for value and in accordance with the laws of the
country in which the property is situated by nationals of the Allied and Associated Powers.
The provisions of this paragraph do not apply to such of the above-mentioned measures as have been taken by the former Austro-Hungarian Government in invaded or occupied territory nor to such of the above-mentioned measures as have been taken by Hungary or the Hungarian authorities since November 3, 1918, all of which measures shall be void.
2. No claim or action shall be made or brought against any Allied or Associated Power or against any person acting on behalf of or under the direction of any legal authority or department of the Government of such a Power by Hungary or by any Hungarian national or by or on behalf of any national of the former Kingdom of Hungary wherever resident in respect of any act or omission with regard to his property, rights or interests during the war or in preparation for the war. Similarly no claim or action shall be made or brought against any person in respect of any act or omission under or in accordance with the exceptional war measures, laws or regulations of any Allied or Associated Power.
3. In Article 232 and this Annex the expression "exceptional war measures" includes measures of all kinds, legislative, administrative, judicial or others, that have been taken or will be taken hereafter with regard to enemy property, and which have had or will have the effect of removing from the proprietors the power of disposition over their property, though without affecting the ownership, such as measures of supervision, of compulsory administration, and of sequestration; or measures which have had or will have as an object the seizure of, the use of, or the interference with enemy assets, for whatsoever motive, under whatsoever form or in whatsoever place. Acts in the execution of these measures include all detentions, instructions, orders or decrees of Government departments or courts applying these measures to enemy property, as well as acts performed by any person connected with the administration or the supervision of enemy property, such as the payment of debts, the collecting of credits, the payment of any costs, charges or expenses, or the collecting of fees.
Measures of transfer are those which have affected or will affect the ownership of enemy property by transferring it in whole or in part to a person other than the enemy owner, and without his consent, such as measures directing the sale, liquidation or devolution of ownership in enemy property, or the cancelling of titles or securities.
4. All property, rights and interests of nationals of the former Kingdom of Hungary within the territory of any Allied or Associated Power and the net proceeds of their sale, liquidation or other dealing therewith may be charged by that Allied or Associated Power in the first place with payment of amounts due in respect of claims by the nationals of that Allied or Associated Power with regard to their property, rights and interests, including companies and associations in which they are interested, in territory of the former Kingdom of Hungary or debts owing to them by Hungarian nationals, and with payment of claims growing out of acts committed by the former Austro-Hungarian Government or by any Hungarian authorities since July 28, 1914, and before that Allied or Associated Power entered into the war. The amount of such claims may be assessed by an arbitrator appointed by M. Gustav Ador, if he is willing, or if no such appointment is made by him, by an arbitrator appointed by the Mixed Arbitral Tribunal provided for in Section VI. They may be charged in the second place with payment of the amounts due in respect of claims by the nationals of such Allied or Associated Power with regard to their property, rights and interests in the territory of other enemy Powers, in so far as those claims are otherwise unsatisfied.
5. Notwithstanding the provisions of Article 232, where immediately before the outbreak of war a company incorporated in an Allied or Associated State had rights in common with a company controlled by it and incorporated in Hungary to the use of trademarks in third countries, or enjoyed the use in common with such company of unique means of reproduction of goods or articles for sale in third countries, the former company shall alone have the right to use these trade-marks in third countries to the exclusion of the Hungarian company, and these unique means of reproduction shall be handed over to the former company, notwithstanding any action taken under war legislation in force in the Austro-Hungarian Monarchy with regard to the latter company or its business, industrial property or shares. Nevertheless, the former company, if requested, shall deliver to the latter company derivative copies permitting the continuation of reproduction of articles for use in Hungary.
6. Up to the time when restitution is carried out in accordance with Article 232, Hungary is responsible for the conservation of property, rights and interests of the nationals of Allied or Associated Powers, including companies and associations in which they are interested, that have been subjected by her to exceptional war meaeures.
7. Within one year from the coming into force of the present Treaty the Allied or Associated Powers will specify the property, rights and interests over which they intend to exercise the right provided in Article 232, paragraph (f).
8. The restitution provided in Article 232 will be carried out by order of the Hungarian Government or of the authorities which have been substituted for it. Detailed accounts of the action of administrators shall be furnished to the interested persons by the Hungarian authorities upon request, which may be made at any time after the coming into force of the present Treaty.
9. Until completion of the liquidation provided for by Article 232, paragraph {b), the property, rights and interests of the persons referred to in that paragraph will continue to be subject to exceptional war measures that have been or will be taken with regard to them.
10. Hungary will, within six months from the coming into force of the present Treaty, deliver to each Allied or Associated Power all securities, certificates, deeds or other documents of title held by its nationals and relating to property, rights or interests situated in the territory of that Allied or Associated Power, including any shares, stock, debentures, debenture stock or other obligations of any company incorporated in accordance with the laws of that Power.
Hungary will at any tirne on demand of any Allied or Associated Power furnish such information as may be required with regard to the property, rights and interests of Hungarian nationals within the territory of such Allied or Associated Power, or with regard to any transactions concerning such property, rights or interests effected since July 1, 1914.
11. The expression "cash assets" includes all deposits or funds established before or after the existence of a state of war, as well as all assets coming from deposits, revenues, or profits collected by administrators, sequestrators, or others from funds placed on deposit or otherwise, but does not include sums belonging to the Allied or Associated Powers or to their component States, Provinces or Municipalities.
12. All investments wheresoever effected with the cash assets of nationals of the High Contracting Parties, including companies and associations in which such nationals were interested, by persons responsible for the administration of enemy properties or having control over such administration, or by order of such persons or of any authority whatsoever, shall be annulled. These cash assets shall be accounted for irrespective of any such investment.
13. Within one month from the coming into force of the present Treaty, or on demand at any time, Hungary will deliver to the Allied and Associated Powers all accounts, vouchers, records, documents and information of any kind which may be within Hungarian territory, and which concern the property, rights and interests of the nationals of those Powers, including companies and associations in which they are interested, that have been subjected to an exceptional war measure, or to a measure of transfer either in the territory of the former Kingdom of Hungary or in territory occupied by that Kingdom or its allies.
The controllers, supervisors, managers, administrators, sequestrators, liquidators and receivers shall be personally responsible under guarantee of the Hungarian Government for the immediate delivery in full of these accounts and documents, and for their accuracy.
14. The provisions of Article 232 and this Annex relating to property, rights and interests in an enemy country, and the proceeds of the liquidation thereof, apply to debts, credits and accounts, Section III regulating only the method of payment.
In the settlement of matters provided for in Article 232 between Hungary and the Allied or Associated Powers, their colonies or protectorates, or any one of the British Dominions or India, in respect of any of which a declaration shall not have been made that they adopt Section III, and between their respective nationals, the provisions of Section III respecting the currency in which payment is to be made and the rate of exchange and of interest shall apply unless the Government of the Allied or Associated Power concerned shall within six months of the coming into force of the present Treaty notify Hungary that one or more of the said provisions are not to be applied.
15. The provisions of Article 232 and this Annex apply to industrial, literary and artistic property which has been or will be dealt with in the liquidation of property, rights, interests, companies or businesses under war legislation by the Allied or Associated Powers, or in accordance with the stipulations of Article 232, paragraph (b).
SECTION V.
CONTRACTS, PRESCRIPTIONS, JUDGMENTS.
ARTICLE 234.
(a) Any contract concluded between enemies shall be regarded as having been dissolved as from
the time when any two of the parties became enemies, except in respect of any debt or other
pecuniary obligation arising out of any act done or money paid thereunder, and subject to the
exceptions and special rules with regard to particular contracts or classes of contracts contained
herein or in the Annex hereto.
(b) Any contract of which the execution shall be required in the general interest, within six months from the date of the coming into force of the present Treaty, by the Government of the Allied or Associated Power of which one of the parties is a national, shall be excepted from dissolution under this Article.
When the execution of the contract thus kept alive would, owing to the alteration of trade conditions, cause one of the parties substantial prejudice the Mixed Arbitral Tribunal provided for by Section VI shall be empowered to grant to the prejudiced party equitable compensation.
(c) Having regard to the provisions of the constitution and law of the United States of America and of Japan, neither the present Article, nor Article 235, nor the Annex hereto shall apply to contracts made between nationals of these States and nationals of the former Kingdom of Hungary; nor shall Article 240 apply to the United States of America or its nationals.
(d) The present Article and the Annex hereto shall not apply to contracts the parties to which became enemies by reason of one of them being an inhabitant of territory of which the sovereignty has been transferred, if such party shall acquire under the present Treaty the nationality of an Allied or Associated Power, nor shall they apply to contracts between nationals of the Allied and Associated Powers between whom trading has been prohibited by reason of one of the parties being in Allied or Associated territory in the occupation of the enemy.
(e) Nothing in the present Article or the Annex hereto shall be deemed to invalidate a transaction lawfully carried out in accordance with a contract between enemies if it has been carried out with the authority of one of the belligerent Powers.
ARTICLE 235
(a) All periods of prescription, or limitation of right of action, whether they began to run before or
after the outbreak of war, shall be treated in the territory of the High Contracting Parties, so far as
regards relations between enemies, as having been suspended for the duration of the war. They
shall begin to run again at earliest three months after the coming into force of the present Treaty.
This provision shall apply to the period prescribed for the presentation of interest or dividend
coupons or for the presentation for repayment of securities drawn for repayment or repayable on
any other ground.
(b) Where, on account of failure to perform any act or comply with any formality during the war, measures of execution have been taken in the territory of the former Kingdom of Hungary to the prejudice of a national of an Allied or Associated Power, the claim of such national shall, if the matter does not fall within the competence of the Courts of an Allied or Associated Power, be heard by the Mixed Arbitral Tribunal provided for by Section VI.
(c) Upon the application of any interested person who is a national of an Allied or Associated Power the Mixed Arbitral Tribunal shall order the restoration of the rights which have been prejudiced by the measures of execution referred to in paragraph (b), wherever, having regard to the particular circumstances of the case, such restoration is equitable and possible.
If such restoration is inequitable or impossible the Mixed Arbitral Tribunal may grant compensation to the prejudiced party to be paid by the Hungarian Government.
(d) Where a contract between enemies has been dissolved by reason either of failure on the part of either party to carry out its provisions or of the exercise of a right stipulated in the contract itself the party prejudiced may apply to the Mixed Arbitral Tribunal for relief. The Tribunal will have the powers provided for in paragraph (c).
(e) The provisions of the preceding paragraphs of this Article shall apply to the nationals of Allied and Associated Powers who have been prejudiced by reason of measures referred to above taken by the authorities of the former Hungarian Government in invaded or occupied territory, if they have not been otherwise compensated.
(f) Hungary shall compensate any third party who may be prejudiced by any restitution or restoration ordered by the Mixed Arbitral Tribunal under the provisions of the preceding paragraphs of this Article.
(g) As regards negotiable instruments, the period of three months provided under paragraph (a) shall commence as from the date on which any exceptional regulations applied in the territories of the interested Power with regard to negotiable instruments shall have definitely ceased to have force.
ARTICLE 236.
As between enemies no negotiable instrument made before the war shall be deemed to have
become invalid by reason only of failure within the required time to present the instrument for
acceptance or payment or to give notice of non-acceptance or nonpayment to drawers or
indorsers or to protest the instrument, nor by reason of failure to complete any formality during
the war.
Where the period within which a negotiable instrument should have been presented for acceptance or for payment, or within which notice of non-acceptance or non-payment should have been given to the drawer or indorser, or within which the instrument should have been protested, has elapsed during the war, and the party who should have presented or protested the instrument or have given notice of non-acceptance or non-payment has failed to do so during the war, a period of not less than three months from the coming into force of the present Treaty shall be allowed within which presentation, notice of non-acceptance or non-payment or protest may be made.
ARTICLE 237.
Judgments given by the Courts of an Allied or Associated Power in all cases which, under the
present Treaty, they are competent to decide, shall be recognised in Hungary as final, and shall be
enforced without it being necessary to have them declared executory.
If a judgment or measure of execution in respect of any dispute which may have arisen has been given during the war by a judicial authority of the former Kingdom of Hungary against a national of an Allied or Associated Power, or a company or association in which one of such nationals was interested, in a case in which either such national or such company or association was not able to make their defence, the Allied and Associated national who has suffered prejudice thereby shall be entitled to recover compensation to be fixed by the Mixed Arbitral Tribunal provided for in Section VI.
At the instance of the national of the Allied or Associated Power the compensation above-mentioned may, upon order to that effect of the Mixed Arbitral Tribunal, be effected where it is possible by replacing the parties in the situation which they occupied before the judgment was given by the Hungarian Court.
The above compensation may likewise be obtained before the Mixed Arbitral Tribunal by the nationals of Allied or Associated Powers who have suffered prejudice by judicial measures taken in invaded or occupied territories, if they have not been otherwise compensated.
ARTICLE 238.
For the purpose of Sections III, IV, V and VII, the expression "during the war" means for each
Allied or Associated Power the period between the commencement of the state of war between
that Power and the former Austro-Hungarian Monarchy and the coming into force of the present
Treaty.
ANNEX.
I. General Provisions.
1. Within the meaning of Articles 234, 235 and 236, the parties to a contract shall be regarded as enemies when trading between them shall have been prohibited by or otherwise become unlawful under lawsw orders or regulations to which one of those parties was subject They shall be deemed to have become enemies from the date when such trading was prohibited or otherwise became unlawful.
2. The following classes of contracts are excepted from dissolution by Article 234 and, without prejudice to the rights contained in Article 232 (b), remain in force subject to the application of domestic laws, orders or regulations made during the war by the Allied and Associated Powers and subject to the terms of the contracts:
(a) Contracts having for their object the transfer of estates or of real or personal property where the property therein had passed or the object had been delivered before the parties became enemies;
(b) Leases and agreements for leases of land and houses;
(c) Contracts of mortgage, pledge or lien;
(d) Concessions concerning mines, quarries or deposits;
(e) Contracts between individuals or companies and States, provinces, municipalities or other similar juridical persons charged with administrative functions, and concessions granted by States, provinces, municipalities or other similar juridical persons charged with administrative functions. If the provisions of a contract are in part dissolved under Article 234, the remaining provisions of that contract shall, subject to the same application of domestic laws as is provided for in paragraph 2, continue in force if they are-severable, but where they are not severable the contract shall be deemed to have been dissolved in its entirety.
II. Provisions relating to certain classes of Contracts. Stoch Exchange and Commercia; Exchange
Contracts.
4.
(a) Rules made during the war by any recognised Exchange or Commercial Association providing
for the closure of contracts entered into before the war by an enemy are confirmed by the
High Contracting Parties, as also any action taken thereunder, provided:
(1) That the contract was expressed to be made subject to the rules of the Exchange or Association in question;
(2) That the rules applied to all persons concerned;
(3) That the conditions attaching to the closure were fair and reasonable.
(b) The preceding paragraph shall not apply to rules made during the occupation by Exchanges or Commercial Associations in the districts occupied by the enemy.
(c) The closure of contracts relating to cotton "futures," which were closed as on July 3I, I9I4, under the decision of the Liverpool Cotton Association, is also confirmed.
Security.
5. The sale of a security held for an unpaid debt owing by an enemy shall be deemed to have been
valid irrespective of notice to the owner if the creditor acted in good faith and with reasonable
care and prudence, and no claim by the debtor on the ground of such sale shall be admitted.
This stipulation shall not apply to any sale of securities effected by an enemy during the
occupation in regions invaded or occupied by the enemy.
Negotiable Instruments.
6. As regards Powers which adopt Section III and the Annex thereto the pecuniary obligations
existing between enemies and resulting from the issue of negotiable instruments shall be adjusted
in conformity with the said Annex by the instrumentality of the Clearing Offices, which shall
assume the rights of the holder as regards the various remedies open to him.
If a person has either before or during the war become liable upon a negotiable instrument in accordance with an undertaking given to him by a person who has subsequently become an enemy, the latter shall remain liable to indemnify the former in respect of his liability notwithstanding the outbreak of war
III. Contracts of Insurance.
8. Contracts of insurance entered into by any person with another person who subsequently became
an enemy will be dealt with in accordance with the following paragraphs.
Fire Insurance.
9. Contracts for the insurance of property against fire entered into by a person interested in such
property with another person who subsequently became an enemy shall not be deemed to have
been dissolved by the outbreak of war, or by the fact of the person becoming an enemy, or on
account of the failure daring the war and for a period of three months thereafter to perform his
oblagations under the contract, but they shall be dissolved at the date when the annual premium
becomes payable for the first time after the expiration of a period of three months after the
coming into force of the present Treaty.
A settlement shall be effected of unpaid premiums which became due during the war or of claims for losses which occurred during the war.
10. Where by administrative or legislative action an insurance against fire effected before the war has been transferred during the war from the original to another insurer, the transfer will be recognised and the liability of the original insurer will be deemed to have ceased as from the date of the transfer. The original insurer will, however, be entitled to receive on demand full information as to the terms of the transfer, and if it should appear that these terms were not equitable they shall be amended so far as may be necessary to render them equitable. Furthermore, the insured shall, subject to the concurrence of the original insurer, be entitled to retransfer the contract to the original insurer as from the date of the demand.
Life Insurance.
11. Contracts of life insurance entered into between an insurer and a person who subsequently
became an enemy shall not be
deemed to have been dissolved by the outbreak of war, or by the fact of the person becoming an
enemy.
Any sum which during the war became due upon a contract deemed not to have been dissolved under the preceding provision shall be recoverable after the war with the addition of interest at five per cent. per annum from the date of its becoming due up to the day of payment. Where the contract has lapsed during the war owing to nonpayment of premiums, or has become void from breach of the conditions of the contract, the assured or his representatives or the persons entitled shall have the right at any time within twelve months of the coming into force of the present Treaty to claim from the insurer the surrender value of the policy at the date of its lapse or avoidance.
Where the contract has lapsed during the war owing to nonpayment of premiums the payment of which has been prevented by the enforcement of measures of war, the assured or his representative or the persons entitled shall have the right to restore the contract on payment of the premiums with interest at five per cent. per annum within three months from the coming into force of the present Treaty.
12. Where contracts of life insurance have been entered into by a local branch of an insurance company established in a country which subsequently became an enemy country, the contract shall, in the absence of any stipulation to the contrary in the contract itself, be governed by the local law, but the insurer shall be entitled to demand from the insured or his representatives the refund of sums paid on claims made or enforced under measures taken during the war, if the making or enforcement of such claims was not in accordance with the terms of the contract itself or was not consistent with the laws or treaties existing at the time when it was entered into.
13. In any case where by the law applicable to the contract the insurer remains bound by the contract notwithstanding the nonpayment of premiums until notice is given to the insured of the termination of the contract, he shall be entitled, where the giving of such notice was prevented by the war, to recover the unpaid premiums with interest at five per cent. per annum from the insured.
14. Insurance contracts shall be considered as contracts of life assurance for the purpose of paragraphs 11 to 13 when they depend on the probabilities of human life combined with the rate of interest for the calculation of the reciprocal engagements between the two parties.
Marine Insurance.
I5. Contracts of marine insurance including time policies and voyage policies entered into between an
insurer and a person who subsequently became an enemy shall be deemed to have been dissolved
on his becoming an enemy, except in cases where the risk undertaken in the contract had attached
before he became an enemy.
Where the risk had not attached, money paid by way of premium or otherwise shall be recoverable from the insurer.
Where the risk had attached, effect shall be given to the contract notwithstanding the party becoming an enemy, and sums due under the contract either by way of premiums or in respect of losses shall be recoverable after the coming into force of the present Treaty.
In the event of any agreement being come to for the payment of interest on sums due before the war to or by the nationals of States which have been at war and recovered after the war, such interest shall in the case of losses recoverable under contracts of marine insurance run from the expiration of a period of one year from the date of the loss.
16. No contract of marine insurance with an insured person who subsequently became an enemy shall be deemed to cover losses due to belligerent action by the Power of which the insurer was a national or by the allies or associates of such Power.
17. Where it is shown that a person who had before the war entered into a contract of marine insurance with an insurer who subsequently became an enemy entered after the outbreak of war into a new contract covering the same risk with an insurer who was not an enemy, the new contract shall be deemed to be substituted for the original contract as from the date when it was entered into, and the premiums payable shall be adjusted on the basis of the original insurer having remained liable on the contract only up till the time when the new contract was entered into.
Other Insurances.
18. Contracts of insurance entered into before the war between an insurer and a person who
subsequently became an enemy, other than contracts dealt with in paragraphs g to 17, shall be
treated in all respects on the same footing as contracts of fire insurance between the same persons
would be dealt with under the said paragraphs.
Re-insurance.
19. All treaties of re-insurance with a person who became an enemy shall be regarded as having been
abrogated by the person becoming an enemy, but without prejudice in the case of life or marine
risks which had attached before the war to the right to recover payment after the war for sums
due in respect of such risks.
Nevertheless if, owing to invasion, it has been impossible for the re-insured to find another re-insurer, the treaty shall remain in force until three months after the coming into force of the present Treaty.
Where a re-insurance treaty becomes void under this paragraph, there shall be an adjustment of accounts between the parties in respect both of premiums paid and payable and of liabilities for losses in respect of life or marine risks which had attached before the war. In the case of risks other than those mentioned in paragraphs II to 17 the adjustment of accounts shall be made as at the date of the parties becoming enemies without regard to claims for losses which may have occurred since that date.
20. The provisions of the preceding paragraph will extend equally to re-insurances existing at the date of the parties becoming enemies of particular risks undertaken by the insurer in a contract of insurance against any risks other than life or marine risks.
21. Re-insurance of life risks effected by particular contracts and not under any general treaty remain in force.
22. In case of a re-insurance effected before the war of a contract of marine insurance, the cession of a risk which had been ceded to the re-insurer shall, if it had attached before the outbreak of war, remain valid and effect be given to the contract notwithstanding the outbreak of war; sums due under the contract of re-insurance in respect either of premiums or of losses shall be recoverable after the war.
23. The provisions of paragraphs 16 and I7 and the last part of paragraph 15 shall apply to contracts for the re-insurance of marine risks.